| A land contract (sometimes known as a “contract for deed”
or an “installment sale agreement”) is a contract between
the owner of a property and a person who wants to buy the
property for an agreed-upon purchase price. Under a land contract,
the seller retains the legal title to the property, while
permitting the buyer to take possession of it for most purposes
other than legal ownership. The sale price is typically paid
in periodic installments, many times with a balloon payment
to make the length of payments shorter than a fully amortized
loan. When the full purchase price has been paid, the seller
is obligated to deliver legal title to the property to the
buyer. The legal status of land contracts varies from region
to region.[citation needed]
It is common for the installment payments of the purchase
price to be similar to mortgage payments in amount and effect.
The amount is often determined according to a mortgage amortization
schedule. In effect, each installment payment is partially
payment of the purchase price and partially payment of interest
on the unpaid purchase price. This is similar to mortgage
payments which are part repayment of the principal amount
of the mortgage loan and part interest. However, since land
contracts can easily be written or modified by any seller
or buyer; one may come across any variety of repayment plans.
Interest only, negative amortizations, short balloons, extremely
long amortizations just to name a few. Typical land contracts
are easy to understand and usually only make up 3-5 pages.
It is not uncommon for land contracts to go unrecorded.[1]
For several reasons the buyer or seller may decide that the
contract is not to be recorded in the register of deeds. This
does not make the contract invalid, but it does increase exposure
to undesirable side effects.
Although land contracts can be used for a variety of reasons,
their most common use is as a form of short-term seller financing.
Usually, but not always, the date on which the full amount
of the purchase price is due will be years sooner than when
the purchase price would be paid in full according to the
amortization schedule. This results in the final payment being
a large balloon payment. Since the amount of the final payment
is so large, the buyer may obtain a conventional mortgage
loan from a bank to make the final payment. Land contracts
are sometimes used by buyers who do not qualify for conventional
mortgage loans offered by traditional lending institutional,
for reasons of poor credit or an insufficient down payment.[citation
needed] Land contracts are also used when the seller is anxious
to sell and the buyer is not given enough time to arrange
for conventional financing.
<< Go
Back
|